Bill Text: NY A06309 | 2013-2014 | General Assembly | Introduced


Bill Title: Relates to the safety of funeral processions; provides that vehicles participating in a funeral procession shall have the right-of-way; makes it illegal for any vehicle to forcefully enter spaces between vehicles in a procession; provides that vehicles entering a procession illegally shall be subject to a civil fine of up to $100; provides that drivers in a funeral procession must exercise reasonable duty of care and shall yield the right-of-way to emergency vehicles with siren or lights activated.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-15 - enacting clause stricken [A06309 Detail]

Download: New_York-2013-A06309-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6309
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 25, 2013
                                      ___________
       Introduced  by  M. of A. GABRYSZAK, ROBINSON, COOK -- Multi-Sponsored by
         -- M. of A. BOYLAND, CROUCH, DUPREY, FINCH, GIGLIO, KOLB, MAGEE, McDO-
         NOUGH, McKEVITT, PEOPLES-STOKES, WEISENBERG -- read once and  referred
         to the Committee on Transportation
       AN  ACT  to amend the vehicle and traffic law, in relation to the safety
         of funeral processions
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
    2  section 1144-b to read as follows:
    3    S 1144-B. OPERATION OF MOTOR VEHICLES ON APPROACH OF MOTOR VEHICLES IN
    4  A FUNERAL PROCESSION. (A) UPON THE IMMEDIATE APPROACH OF A MOTOR VEHICLE
    5  WHICH HAS A BLACK FLAG WITH THE WORD "FUNERAL"  AFFIXED  TO  IT  IN  THE
    6  MANNER PROVIDED FOR IN PARAGRAPH (FF) OF SUBDIVISION TWELVE-A OF SECTION
    7  THREE  HUNDRED  SEVENTY-FIVE  OF THIS CHAPTER, THE DRIVER OF EVERY OTHER
    8  MOTOR VEHICLE SHALL YIELD THE RIGHT-OF-WAY AND SHALL  IMMEDIATELY  DRIVE
    9  TO  A  POSITION PARALLEL TO, AND AS CLOSE AS POSSIBLE TO, THE RIGHT-HAND
   10  EDGE OF THE HIGHWAY, OR TO EITHER EDGE OF A  ONE-WAY  HIGHWAY  THREE  OR
   11  MORE  LANES  IN  WIDTH,  CLEAR  OF  ANY INTERSECTION, AND SHALL STOP AND
   12  REMAIN IN SUCH POSITION UNTIL THE MOTOR VEHICLE DISPLAYING SUCH FLAG HAS
   13  PASSED, UNLESS OTHERWISE DIRECTED BY A POLICE OFFICER.
   14    (B) THIS SECTION SHALL NOT OPERATE TO RELIEVE THE DRIVER  OF  A  MOTOR
   15  VEHICLE PARTICIPATING IN A BURIAL OR FUNERAL PROCESSION FROM THE DUTY TO
   16  DRIVE WITH REASONABLE CARE FOR ALL PERSONS USING THE HIGHWAY.
   17    (C)  ANY  PERSON  OPERATING  A  MOTOR  VEHICLE  IN ACCORDANCE WITH THE
   18  PROVISIONS OF THIS SECTION SHALL YIELD THE RIGHT-OF-WAY TO AN AUTHORIZED
   19  EMERGENCY VEHICLE ENGAGED IN  EMERGENCY  OPERATION  WITH  ITS  SIREN  OR
   20  LIGHTS ACTIVATED.
   21    S 2. Subdivision (c) of section 1129 of the vehicle and traffic law is
   22  amended to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02421-01-3
       A. 6309                             2
    1    (c) Motor vehicles being driven upon any roadway outside of a business
    2  or  residence  district  in a caravan or motorcade whether or not towing
    3  other vehicles shall be so operated as to allow sufficient space between
    4  each such vehicle or combination of vehicles so as to enable  any  other
    5  vehicle  to  enter  and occupy such space without danger. This provision
    6  shall not apply to  funeral  processions.    NOTWITHSTANDING  ANY  OTHER
    7  PROVISION  OF THIS SECTION, A DRIVER OF A MOTOR VEHICLE SHALL NOT FORCE-
    8  FULLY OR OTHERWISE ENTER THE SPACE BETWEEN MOTOR VEHICLES IN  A  FUNERAL
    9  PROCESSION SO AS TO DISRUPT THE ORDERLY PROGRESSION AND MOVEMENT OF SAID
   10  PROCESSION.  ANY  PERSON WHO VIOLATES THE PROVISIONS OF THIS SUBDIVISION
   11  SHALL BE PUNISHED BY A CIVIL FINE OF UP TO ONE HUNDRED DOLLARS.
   12    S 3. This act shall take effect immediately.
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